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Simon v. Pope

District Court of Appeal of Florida, Fourth District
Jun 8, 1973
279 So. 2d 54 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-141.

June 8, 1973.

Appeal from Circuit Court, Orange County; Murray W. Overstreet, Judge.

Ronald H. Roby, Orlando, for appellant.

William M. Rowland, Jr., Rowland Petruska, Orlando, for appellees.


Upon a consideration of the record before us in light of the decisions in Tillman v. Baskin, Fla. 1972, 260 So.2d 509, and Hayden, Stone Incorporated v. Van Echteld, Fla.App. 1972, 267 So.2d 677, we are of the opinion that the lower court erred in granting defendants' motion for a directed verdict and entering final judgment thereon. Accordingly, the final judgment is reversed and the cause remanded to the trial court for a new trial, with the further direction that plaintiff be permitted to utilize the books and records of the defendant, Potterfield, Inc., insofar as they pertain to the subject matter of the action.

Reversed and remanded.

WALDEN, CROSS and MAGER, JJ., concur.


Summaries of

Simon v. Pope

District Court of Appeal of Florida, Fourth District
Jun 8, 1973
279 So. 2d 54 (Fla. Dist. Ct. App. 1973)
Case details for

Simon v. Pope

Case Details

Full title:JAMES J. SIMON, D/B/A J J SERVICES, APPELLANT, v. ROBERT R. POPE ET AL.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 8, 1973

Citations

279 So. 2d 54 (Fla. Dist. Ct. App. 1973)